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As The Law Stands: Peter Obi And The Issue Of Offshore Companies - Politics (2) - Nairaland

Nairaland Forum / Nairaland / General / Politics / As The Law Stands: Peter Obi And The Issue Of Offshore Companies (15155 Views)

Pandora: Inside The Secret Offshore Companies, London Properties Of Bello-Koko / Ganduje: I Think El-rufai Doesn’t Understand The Issue Of Insecurity / Sunday Dare Urges Naira Marley Not Protest, Says The Issue Is being Addressed (2) (3) (4)

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Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by blamingthedevil: 7:36pm On Oct 06, 2021
Peter Peter Obi

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by humility33(m): 7:36pm On Oct 06, 2021
Balanced points up there

I love this
Sometimes i wonder the sinister motives behind those trying to soil this man's name

Obi or Osibanjo is the rare hope Nigeria has to reposition this country in economics,sociocultural etc contexts come 2023

Some of them criticising obi now are supporting politicians even more corrupt and dubious.

1 Like 1 Share

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by GeneralPula: 7:37pm On Oct 06, 2021
Igbo people are the most deceptive tribe in Nigeria..

Same people that will tell you there’s no justification for crime, are the ones justifying Peter Obi’s fraud intention..

Peter Obi isn’t the only Nigeria politician that didn’t declare all his asset. They’re all the same..

So if Peter Obi is saint, it means all Nigerians politicians are saint..

4 Likes

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by blamingthedevil: 7:37pm On Oct 06, 2021
[s]
humility33:
Balanced points up there
[/s]

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by barragan: 7:38pm On Oct 06, 2021
Funny people. So someone will jump through all that hoops to hide nothing? Kontinu.

Besides, I've always known this Fisayo guy is stupid. Fake people.
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by wink2015(m): 7:38pm On Oct 06, 2021
When you hear Peter Obi Sweet talk you into his falacy of how he grow the economy of Anambra state with efficient financial discipline your Moromoro head go grow Dada by force.

The same Peter Obi personal integrity and honesty is now facing international challenge from the Pandora report.

Peter is trying unsuccessful to launder his falling image

2 Likes

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by blamingthedevil: 7:38pm On Oct 06, 2021
[s][s]
AnonPoet:
The news space has been agog with the news of high profile individuals, politicians and businessmen, all over the world owning offshore companies in what has been dubbed the ‘Pandora Papers’. It is said to be a project involving 600 journalists from 150 news organisations around the world with a cache of 11.9 million confidential files purportedly exposing how the world super rich use tax havens to avoid paying tax. This is not the first time investigations about shell companies involving the ultra rich have made their way to the mainstream media. In 2017, a similar report tagged ‘the Paradise Papers’, a report of 1.4 terabyte data, created a sensation when it was released.

Peter Obi, a two term governor of Anambra State and former presidential aspirant under the PDP was one of the names dropped by the report. A politician known for his trailblazing policies and enviable record as a pacesetter and administrator extraordinaire. As governor, Mr. Obi’s ANIDS (Anambra Integrated Development Strategy), an initiative premised on the internationally acclaimed Millennium Development Goals (MDGs) of eradicating of extreme poverty, reduction of child mortality, boost to maternal health, environmental sustainability and global partnership in development, left behind an infrastructurally improved state. His investment in education transformed the educational system of the state, making it possible for the state to become the best performing state in mathematics and sciences, best in NECO, best in WAEC and overall best in JAMB scores.

His administration’s policies attracted direct foreign investment, which provided jobs and encouraged indigenous investments. It is on record that he left his state debt free at the end of his tenure as governor of Anambra state. Former World Bank Director in Nigeria, Omo Ruhl once described him as “an exceptional leader and very prudent in financial management and I believe his interest is to better the lots of his people which to my mind is very remarkable.”

In the light of the coming high octane drama that is Nigerian political season, it is no surprise that Mr. Obi has found himself at the center of an unwelcome attention. In the ‘Pandora Papers’, there are insinuations of illegality surrounding his ownership of offshore companies. His companies Gabriella Investment, PMGG Investment and Trust, Gabriella Settlement were entities listed in the reports. The tradition of using offshore companies is worldwide and not peculiar to Nigeria. Now it begs the question, did Mr. Obi break the law by owning these companies. In my opinion, he did not. There’s nothing unlawful in the ownership of offshore companies as long as they are not vehicles for money laundering. The report aimed through the emphasis on the listed companies, to portray the former governor and presidential aspirant as though he had committed a crime by ownership of offshore companies whereas there is no law in Nigeria stipulating ownership of offshore assets as a crime.

On the issue of failure to declare his companies assets to the Code of Conduct Bureau, Mr Obi had stated in his defense that he was not under obligation to declare companies jointly owned. A statement which the report appears to vilify. Indeed the code of conduct law requires public office holders to declare own assets, as well as those owned by their spouses and children below the age of 18. However, the report failed to show if the listed companies linked to Mr. Obi held any assets, traded or conducted business that would have generated taxable income in order to qualify as ‘assets’. If these companies, registered way before Mr. Obi became a public official are not proven to generate income, then these reports are malicious and aimed at painting Mr. Obi in a poor light.

The report also accuses Mr. Obi of owning a Lloyds TSB bank account as governor in contravention of the Code of Conduct Law, while in the same breath admitting that the account was opened in 2001, five years before he became governor. What the report should have told Nigerians is if the said account was active and used for transactions while Mr. Obi was governor.

Taking a look at the issue of declaring his family’s trust, we must look to the Personal Income Tax (Amendment) Act for guidance. It must be noted that there is a school of thought that supports the argument that only the amount distributed from an Offshore Trust to a taxable person in Nigeria will form a taxable income in Nigeria and not the entire income derived by the Offshore Trust from the assets/ investments held in trust. Such income will then be exempted from tax where it is brought into Nigeria through Government approved channels, such as the commercial banks. Now, the reports failed to showed how the Trust is administered and whether any amount is paid to Mr. Obi in order to make him liable of tax avoidance. Rather it avers that a New Zealander entity, Granite Trust Company Limited is the sole trustee of The Gabriella Settlement. Should a foreign trustee be subject to Nigerian tax laws?

Paragraph 1 of the second schedule to PITAM provides that the income of a Trust shall be deemed to be income of the Settlor of the Trust where the Settlor retains or has a right over the capital assets of the trust; retains or has a right over the income derived from the capital assets of the trust; makes use of the income of the trust by borrowing from it; and resumes control or the spouse resumes control over the asset or income of the Trust. By this submission, Granite Trust Company, a non-Nigerian entity cannot be liable to Nigerian tax laws as it is the sole trustee of the trust.

If Mr. Obi has no legal authority to either control or influence the trust, how can he be said to have broken the law? These are the pertinent questions that begs answers.

Umari Ayim is a Chartered Arbitrator & Managing Partner, Golde Aten Consultants & Solicitors

https://leaders.ng/as-the-law-stands-peter-obi-and-the-issue-of-offshore-companies/
[/s][/s]

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Circuitlord(m): 7:38pm On Oct 06, 2021
K
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Nobody: 7:40pm On Oct 06, 2021
Expect people to start fighting each other instead of identifying that Nigeria’s failed system is why they’re jobless.
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by humility33(m): 7:41pm On Oct 06, 2021
blamingthedevil:
[s][/s]

Look well

Ths Tinubu or Buhari u are supporting is more corrupt. At least u still dont have any evidence that obi stole Anambra state money while he was a governor. He didnt leave the state broke like buhari is leaving nigeria broke now

Your kind is a shame to nigeria progress

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by GeneralPula: 7:41pm On Oct 06, 2021
[s]
Fahdiga:
Even though I hate Peter Obi because of the Ezu river massacre but this is a one sided investigation aimed at soiling his name. He might be guilty of the offence but where are Tinubu's of this world? Many curropt fellows like him are roaming around unabated in Nigeria. Fighting corruption should be holistically and not witchhunting based on ethnic and religious creed. My one cent
[/s]
They’ve debated a lot of Nigerians politicians. It Peter Obi’s time..

Igbos are fond of attaching saint with peter obi. That’s exactly what politicians are not wanting..

Peter Obi isn’t that bad, but he’s not a saint... that’s the simple message..

I’m sure the politicians behind this won’t pass SE politicians eyeing 2023 presidency cuz it’s only people that knows Peter Obi closely will know he has such secret investment..

I’m damn sure majority of Yeeboz, including you didn’t know Peter Obi had such secret investment..

2 Likes

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by LegendHero(m): 7:42pm On Oct 06, 2021
Obi Pandora is a criminal, they should arrest him and keep him in the deepest part of Kirikiri until 2040.

I rise, court!

6 Likes

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by humility33(m): 7:43pm On Oct 06, 2021
GeneralPula:
Igbo people are the most deceptive tribe in Nigeria..

Same people that will tell you there’s no justification for crime, are the ones justifying Peter Obi’s fraud intention..

Peter Obi isn’t the only Nigeria politician that didn’t declare all his asset. They’re all the same..

So if Peter Obi is saint, it means all Nigerians politicians are saint..

So terrible
I live in lagos here
I have seen how this man have turned lagos to his personal pocket and has empowered street touts that anything goes because he backs them

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by humility33(m): 7:43pm On Oct 06, 2021
LegendHero:
Obi Pandora is a criminal, they should arrest him and keep him in the deepest part of Kirikiri until 2040.

I rise, court!

Then Tinubu is a saint
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by TeeGentle(m): 7:45pm On Oct 06, 2021
All of dem na criminal

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Academicwizman(m): 7:45pm On Oct 06, 2021
blamingthedevil:
[s][/s]


Your opinion.
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by GeneralPula: 7:50pm On Oct 06, 2021
humility33:


So terrible
I live in lagos here
I have seen how this man have turned lagos to his personal pocket and has empowered street touts that anything goes because he backs them

Still doesn’t change the fact that Obi is a crook like every other Nigerian politician you can think of..

Infact, he’s a chronic crook..

Lord knows how many secret investment he’s having at the moment..

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by nedekid: 7:50pm On Oct 06, 2021
winterfell007:
Having gone through the reports and the report earlier posted. I don't think Obi did wrong by trying to prune down the taxes he liable to pay. Every businessman wants to incur less tax. It's common sense and it's something I'd do if I were him, where I'll be mad with him was if those companies he had was set up while in government house or public funds was involved. But heard he well established before venturing into government, if that's the case, then he shouldn't bother his head trying to convince folks who are determined to get him down
Well said.
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Timmi: 7:50pm On Oct 06, 2021
AnonPoet:
The news space has been agog with the news of high profile individuals, politicians and businessmen, all over the world owning offshore companies in what has been dubbed the ‘Pandora Papers’. It is said to be a project involving 600 journalists from 150 news organisations around the world with a cache of 11.9 million confidential files purportedly exposing how the world super rich use tax havens to avoid paying tax. This is not the first time investigations about shell companies involving the ultra rich have made their way to the mainstream media. In 2017, a similar report tagged ‘the Paradise Papers’, a report of 1.4 terabyte data, created a sensation when it was released.

Peter Obi, a two term governor of Anambra State and former presidential aspirant under the PDP was one of the names dropped by the report. A politician known for his trailblazing policies and enviable record as a pacesetter and administrator extraordinaire. As governor, Mr. Obi’s ANIDS (Anambra Integrated Development Strategy), an initiative premised on the internationally acclaimed Millennium Development Goals (MDGs) of eradicating of extreme poverty, reduction of child mortality, boost to maternal health, environmental sustainability and global partnership in development, left behind an infrastructurally improved state. His investment in education transformed the educational system of the state, making it possible for the state to become the best performing state in mathematics and sciences, best in NECO, best in WAEC and overall best in JAMB scores.

His administration’s policies attracted direct foreign investment, which provided jobs and encouraged indigenous investments. It is on record that he left his state debt free at the end of his tenure as governor of Anambra state. Former World Bank Director in Nigeria, Omo Ruhl once described him as “an exceptional leader and very prudent in financial management and I believe his interest is to better the lots of his people which to my mind is very remarkable.”

In the light of the coming high octane drama that is Nigerian political season, it is no surprise that Mr. Obi has found himself at the center of an unwelcome attention. In the ‘Pandora Papers’, there are insinuations of illegality surrounding his ownership of offshore companies. His companies Gabriella Investment, PMGG Investment and Trust, Gabriella Settlement were entities listed in the reports. The tradition of using offshore companies is worldwide and not peculiar to Nigeria. Now it begs the question, did Mr. Obi break the law by owning these companies. In my opinion, he did not. There’s nothing unlawful in the ownership of offshore companies as long as they are not vehicles for money laundering. The report aimed through the emphasis on the listed companies, to portray the former governor and presidential aspirant as though he had committed a crime by ownership of offshore companies whereas there is no law in Nigeria stipulating ownership of offshore assets as a crime.

On the issue of failure to declare his companies assets to the Code of Conduct Bureau, Mr Obi had stated in his defense that he was not under obligation to declare companies jointly owned. A statement which the report appears to vilify. Indeed the code of conduct law requires public office holders to declare own assets, as well as those owned by their spouses and children below the age of 18. However, the report failed to show if the listed companies linked to Mr. Obi held any assets, traded or conducted business that would have generated taxable income in order to qualify as ‘assets’. If these companies, registered way before Mr. Obi became a public official are not proven to generate income, then these reports are malicious and aimed at painting Mr. Obi in a poor light.

The report also accuses Mr. Obi of owning a Lloyds TSB bank account as governor in contravention of the Code of Conduct Law, while in the same breath admitting that the account was opened in 2001, five years before he became governor. What the report should have told Nigerians is if the said account was active and used for transactions while Mr. Obi was governor.

Taking a look at the issue of declaring his family’s trust, we must look to the Personal Income Tax (Amendment) Act for guidance. It must be noted that there is a school of thought that supports the argument that only the amount distributed from an Offshore Trust to a taxable person in Nigeria will form a taxable income in Nigeria and not the entire income derived by the Offshore Trust from the assets/ investments held in trust. Such income will then be exempted from tax where it is brought into Nigeria through Government approved channels, such as the commercial banks. Now, the reports failed to showed how the Trust is administered and whether any amount is paid to Mr. Obi in order to make him liable of tax avoidance. Rather it avers that a New Zealander entity, Granite Trust Company Limited is the sole trustee of The Gabriella Settlement. Should a foreign trustee be subject to Nigerian tax laws?

Paragraph 1 of the second schedule to PITAM provides that the income of a Trust shall be deemed to be income of the Settlor of the Trust where the Settlor retains or has a right over the capital assets of the trust; retains or has a right over the income derived from the capital assets of the trust; makes use of the income of the trust by borrowing from it; and resumes control or the spouse resumes control over the asset or income of the Trust. By this submission, Granite Trust Company, a non-Nigerian entity cannot be liable to Nigerian tax laws as it is the sole trustee of the trust.

If Mr. Obi has no legal authority to either control or influence the trust, how can he be said to have broken the law? These are the pertinent questions that begs answers.

Umari Ayim is a Chartered Arbitrator & Managing Partner, Golde Aten Consultants & Solicitors

https://leaders.ng/as-the-law-stands-peter-obi-and-the-issue-of-offshore-companies/

Anitger hired hand - Ayim tried to twist the law on its head. Tax evasion is an intentional act planned out not to disclose the person’s worth and to hide assets that are subject to tax. What Obi did is intentional and all the talk that he owned the assets jointly is balderdash. The assets are owned 100% by him and again intentionally added his children and wife to further hide the true owner. Everything he did and others like him were intentionally done.

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by tamdun: 7:51pm On Oct 06, 2021
festacman:
1. Peter Obi was already a wealthy international merchant and investor in many companies before becoming the Governor of Anambra State. He was loved and loathed for his "aka aradite" shrewd use of money.

2. In recent time, Peter Obi has proudly flaunted his holier than thou pontification and austere governance disposition as his political Unique Selling Propositions. He made other politician look a bit 'dirty'. Here lies the reason why his Pandora paper revelations was SHOKING unlike that of the fantastically roquish Gov. Bagudu of Kebbi State. Peter Obi boxed himself into a corner. And now, his political opponents are making most of the fact that he is after all NOT a saint.

3. Peter Obi who used ex-Gov. Fashola's 'deportation' of Igbos from Lagos as a political tool shouldn't be surprised that his Pandora paper revelations have political tool in the hands of others. Politics is about most of your opponent's blunders and misfortunes. It is up to him to dig himself up.

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Bizibi(m): 7:53pm On Oct 06, 2021
No need to write long epistle,all Nigeria politicians do it.none of them are saints.....
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by hopexter(m): 7:56pm On Oct 06, 2021
Fahdiga:
This one is definitely suffering from deficiency in English language. You are the illiterate here for not recognizing my good English language. I de shame on your behalf


He highlighted and pointed out your error you illiterate, you’re talking about good English grin grin

1 Like

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by mu2sa2: 7:57pm On Oct 06, 2021
PETER the son of OBI is a FRAUD.



E.O.D
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by NGArmyTerrorist: 7:57pm On Oct 06, 2021
[s]
AnonPoet:
The news space has been agog with the news of high profile individuals, politicians and businessmen, all over the world owning offshore companies in what has been dubbed the ‘Pandora Papers’. It is said to be a project involving 600 journalists from 150 news organisations around the world with a cache of 11.9 million confidential files purportedly exposing how the world super rich use tax havens to avoid paying tax. This is not the first time investigations about shell companies involving the ultra rich have made their way to the mainstream media. In 2017, a similar report tagged ‘the Paradise Papers’, a report of 1.4 terabyte data, created a sensation when it was released.

Peter Obi, a two term governor of Anambra State and former presidential aspirant under the PDP was one of the names dropped by the report. A politician known for his trailblazing policies and enviable record as a pacesetter and administrator extraordinaire. As governor, Mr. Obi’s ANIDS (Anambra Integrated Development Strategy), an initiative premised on the internationally acclaimed Millennium Development Goals (MDGs) of eradicating of extreme poverty, reduction of child mortality, boost to maternal health, environmental sustainability and global partnership in development, left behind an infrastructurally improved state. His investment in education transformed the educational system of the state, making it possible for the state to become the best performing state in mathematics and sciences, best in NECO, best in WAEC and overall best in JAMB scores.

His administration’s policies attracted direct foreign investment, which provided jobs and encouraged indigenous investments. It is on record that he left his state debt free at the end of his tenure as governor of Anambra state. Former World Bank Director in Nigeria, Omo Ruhl once described him as “an exceptional leader and very prudent in financial management and I believe his interest is to better the lots of his people which to my mind is very remarkable.”

In the light of the coming high octane drama that is Nigerian political season, it is no surprise that Mr. Obi has found himself at the center of an unwelcome attention. In the ‘Pandora Papers’, there are insinuations of illegality surrounding his ownership of offshore companies. His companies Gabriella Investment, PMGG Investment and Trust, Gabriella Settlement were entities listed in the reports. The tradition of using offshore companies is worldwide and not peculiar to Nigeria. Now it begs the question, did Mr. Obi break the law by owning these companies. In my opinion, he did not. There’s nothing unlawful in the ownership of offshore companies as long as they are not vehicles for money laundering. The report aimed through the emphasis on the listed companies, to portray the former governor and presidential aspirant as though he had committed a crime by ownership of offshore companies whereas there is no law in Nigeria stipulating ownership of offshore assets as a crime.

On the issue of failure to declare his companies assets to the Code of Conduct Bureau, Mr Obi had stated in his defense that he was not under obligation to declare companies jointly owned. A statement which the report appears to vilify. Indeed the code of conduct law requires public office holders to declare own assets, as well as those owned by their spouses and children below the age of 18. However, the report failed to show if the listed companies linked to Mr. Obi held any assets, traded or conducted business that would have generated taxable income in order to qualify as ‘assets’. If these companies, registered way before Mr. Obi became a public official are not proven to generate income, then these reports are malicious and aimed at painting Mr. Obi in a poor light.

The report also accuses Mr. Obi of owning a Lloyds TSB bank account as governor in contravention of the Code of Conduct Law, while in the same breath admitting that the account was opened in 2001, five years before he became governor. What the report should have told Nigerians is if the said account was active and used for transactions while Mr. Obi was governor.

Taking a look at the issue of declaring his family’s trust, we must look to the Personal Income Tax (Amendment) Act for guidance. It must be noted that there is a school of thought that supports the argument that only the amount distributed from an Offshore Trust to a taxable person in Nigeria will form a taxable income in Nigeria and not the entire income derived by the Offshore Trust from the assets/ investments held in trust. Such income will then be exempted from tax where it is brought into Nigeria through Government approved channels, such as the commercial banks. Now, the reports failed to showed how the Trust is administered and whether any amount is paid to Mr. Obi in order to make him liable of tax avoidance. Rather it avers that a New Zealander entity, Granite Trust Company Limited is the sole trustee of The Gabriella Settlement. Should a foreign trustee be subject to Nigerian tax laws?

Paragraph 1 of the second schedule to PITAM provides that the income of a Trust shall be deemed to be income of the Settlor of the Trust where the Settlor retains or has a right over the capital assets of the trust; retains or has a right over the income derived from the capital assets of the trust; makes use of the income of the trust by borrowing from it; and resumes control or the spouse resumes control over the asset or income of the Trust. By this submission, Granite Trust Company, a non-Nigerian entity cannot be liable to Nigerian tax laws as it is the sole trustee of the trust.

If Mr. Obi has no legal authority to either control or influence the trust, how can he be said to have broken the law? These are the pertinent questions that begs answers.

Umari Ayim is a Chartered Arbitrator & Managing Partner, Golde Aten Consultants & Solicitors

https://leaders.ng/as-the-law-stands-peter-obi-and-the-issue-of-offshore-companies/
[/s] Tarnish his image, pull him down syndrome! Nigerian media Terrorist!
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by CSTRR: 8:00pm On Oct 06, 2021
Peter obi is an apostle of reduce wastage and the application of common Sense.

He has preached it all his life in govt.

It's no wonder that he applies in his personal life.

Peter obi did not allow government wastages in his time as governor.

Surely, you don't expect him to now waste his own personal finances.

The man for the job.

3 Likes 1 Share

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Trumann: 8:01pm On Oct 06, 2021
You guys defending Peter Obi don't understand something. It is not a question of legality or illegality, it is a question of integrity.
Peter Obi claimed none of his kids had a car, but the report has shown that at least one of his kids has funds stashed in a foreign account.

The idea is to impair his integrity such that his future statements are taken with a pinch of salt. Peter Obi won't be convicted in the Court of Law, but he's already crucified in the Court of Public opinion.

3 Likes

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Bighead9: 8:03pm On Oct 06, 2021
AnonPoet:
The news space has been agog with the news of high profile individuals, politicians and businessmen, all over the world owning offshore companies in what has been dubbed the ‘Pandora Papers’. It is said to be a project involving 600 journalists from 150 news organisations around the world with a cache of 11.9 million confidential files purportedly exposing how the world super rich use tax havens to avoid paying tax. This is not the first time investigations about shell companies involving the ultra rich have made their way to the mainstream media. In 2017, a similar report tagged ‘the Paradise Papers’, a report of 1.4 terabyte data, created a sensation when it was released.

Peter Obi, a two term governor of Anambra State and former presidential aspirant under the PDP was one of the names dropped by the report. A politician known for his trailblazing policies and enviable record as a pacesetter and administrator extraordinaire. As governor, Mr. Obi’s ANIDS (Anambra Integrated Development Strategy), an initiative premised on the internationally acclaimed Millennium Development Goals (MDGs) of eradicating of extreme poverty, reduction of child mortality, boost to maternal health, environmental sustainability and global partnership in development, left behind an infrastructurally improved state. His investment in education transformed the educational system of the state, making it possible for the state to become the best performing state in mathematics and sciences, best in NECO, best in WAEC and overall best in JAMB scores.

His administration’s policies attracted direct foreign investment, which provided jobs and encouraged indigenous investments. It is on record that he left his state debt free at the end of his tenure as governor of Anambra state. Former World Bank Director in Nigeria, Omo Ruhl once described him as “an exceptional leader and very prudent in financial management and I believe his interest is to better the lots of his people which to my mind is very remarkable.”

In the light of the coming high octane drama that is Nigerian political season, it is no surprise that Mr. Obi has found himself at the center of an unwelcome attention. In the ‘Pandora Papers’, there are insinuations of illegality surrounding his ownership of offshore companies. His companies Gabriella Investment, PMGG Investment and Trust, Gabriella Settlement were entities listed in the reports. The tradition of using offshore companies is worldwide and not peculiar to Nigeria. Now it begs the question, did Mr. Obi break the law by owning these companies. In my opinion, he did not. There’s nothing unlawful in the ownership of offshore companies as long as they are not vehicles for money laundering. The report aimed through the emphasis on the listed companies, to portray the former governor and presidential aspirant as though he had committed a crime by ownership of offshore companies whereas there is no law in Nigeria stipulating ownership of offshore assets as a crime.

On the issue of failure to declare his companies assets to the Code of Conduct Bureau, Mr Obi had stated in his defense that he was not under obligation to declare companies jointly owned. A statement which the report appears to vilify. Indeed the code of conduct law requires public office holders to declare own assets, as well as those owned by their spouses and children below the age of 18. However, the report failed to show if the listed companies linked to Mr. Obi held any assets, traded or conducted business that would have generated taxable income in order to qualify as ‘assets’. If these companies, registered way before Mr. Obi became a public official are not proven to generate income, then these reports are malicious and aimed at painting Mr. Obi in a poor light.

The report also accuses Mr. Obi of owning a Lloyds TSB bank account as governor in contravention of the Code of Conduct Law, while in the same breath admitting that the account was opened in 2001, five years before he became governor. What the report should have told Nigerians is if the said account was active and used for transactions while Mr. Obi was governor.

Taking a look at the issue of declaring his family’s trust, we must look to the Personal Income Tax (Amendment) Act for guidance. It must be noted that there is a school of thought that supports the argument that only the amount distributed from an Offshore Trust to a taxable person in Nigeria will form a taxable income in Nigeria and not the entire income derived by the Offshore Trust from the assets/ investments held in trust. Such income will then be exempted from tax where it is brought into Nigeria through Government approved channels, such as the commercial banks. Now, the reports failed to showed how the Trust is administered and whether any amount is paid to Mr. Obi in order to make him liable of tax avoidance. Rather it avers that a New Zealander entity, Granite Trust Company Limited is the sole trustee of The Gabriella Settlement. Should a foreign trustee be subject to Nigerian tax laws?

Paragraph 1 of the second schedule to PITAM provides that the income of a Trust shall be deemed to be income of the Settlor of the Trust where the Settlor retains or has a right over the capital assets of the trust; retains or has a right over the income derived from the capital assets of the trust; makes use of the income of the trust by borrowing from it; and resumes control or the spouse resumes control over the asset or income of the Trust. By this submission, Granite Trust Company, a non-Nigerian entity cannot be liable to Nigerian tax laws as it is the sole trustee of the trust.

If Mr. Obi has no legal authority to either control or influence the trust, how can he be said to have broken the law? These are the pertinent questions that begs answers.

Umari Ayim is a Chartered Arbitrator & Managing Partner, Golde Aten Consultants & Solicitors

https://leaders.ng/as-the-law-stands-peter-obi-and-the-issue-of-offshore-companies/


Trash.
PETER Obi na Big THIEF. grin grin grin

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by blamingthedevil: 8:03pm On Oct 06, 2021
GeneralPula:
Igbo people are the most deceptive tribe in Nigeria..

Same people that will tell you there’s no justification for crime, are the ones justifying Peter Obi’s fraud intention..

Peter Obi isn’t the only Nigeria politician that didn’t declare all his asset. They’re all the same..

So if Peter Obi is saint, it means all Nigerians politicians are saint..

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by CSTRR: 8:04pm On Oct 06, 2021
They have tried and tried but they couldn't get him

Even when they were attacking atiku wilth corruption allegations in 2019, none of them dare came close to Peter obi.

Even atiku himself used Peter obi as an image launderer.

It was El rufai the short devil that wanted to play up ethnic sentiments to taint Peter obi.

1 Like 1 Share

Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Back3back: 8:05pm On Oct 06, 2021
Check here
Re: As The Law Stands: Peter Obi And The Issue Of Offshore Companies by Confirmedzombie: 8:06pm On Oct 06, 2021
All this illitracys comment hear are not educative
I will kept tolding everyone that Peter obi has no case to answer hear.

Peter obi has comit no crimes at all. Haters are just spoken for fun

I stood with Peter obi on this, he is innocence

Illitracys everywhere and they spoke trash

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